January 26th, 2010

DBA vs Trademark

I have recently talked to three different people on three separate occasions that had the wrong idea about filing for a DBA. So I’m going to (hopefully) clear things up.

When your business has a name that does not include your legal name you must file a fictitious business statement (also known as a DBA – Doing Buisiness As). For example if your name is John Johnson and your company name is John Johnson Plumbing Services, you do not need to file for a DBA certificate. But if your company name is On Time Plumbing, you need to file, and notices need to be placed in local area newspapers.  This does NOT give you legal rights to the name On Time Plumbing.  Filing a fictitious business statement is all about the right of the public to know with whom they’re doing business.

In order to gain legal ownership of a company name you must register your name as a trademark.  The registration fee is $325.  You can conduct a trademark search and file yourself, or you can use one of the gazillion websites out there. Some will do it for you for a reasonable fee, and some for an outrageous fee. No matter what route you choose, though, protect your name and logo up front.  It could save you time, money and heartache.

This should clear things up, but if you have additional questions, just ask.

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